That is good advice and I will be filing suit tomorrow since I have been out of town the past few days. Also, I am supposed to meet with the sheriff tomorrow to provide the weight tickets, etc., and he said he will personally go over there and charge the guy. Hopefully he does not go on the run before that, but at least I got the guy's tag number in case they need it. I will keep you all posted on how it ends up playing out.
I filed my complaint with the sheriff's office on Thursday last week and provided all information I had. They wrote up a report on it to send to the county attorney and included all the complaints together to bring the charges against him in one criminal case of theft by deception. Turns out there are at least 5 victims so far, and his modus operandi included writing bad checks as well. That would explain the $25,000 case as it involved a bad check and not just a promise to pay. So I'm sure that if I had demanded payment in advance, he would have just given me a bad check. And since he immediately sells the hay that he takes from people, he has washed his hands of it and gotten his money before the original seller can reclaim the property.
I called yesterday morning, and they had submitted the report to the county attorney, and he definitely wants to prosecute it, so I think an arrest will be forthcoming very soon. I just hope he doesn't get tipped off in advance and leave the state before they can arrest him. The sheriff said that the loser douchebag is already on probation, and that is probably what has kept him around the area this long in the first place. I also found out that with the larger case pending, I would not want to file a separate complaint in small claims court because if and when he is found guilty in the theft case, the judge will order him to pay restitution, and that would take precedence over any small claims judgement.